Prosecution Insights
Last updated: July 17, 2026
Application No. 18/810,401

AUDIO ENCODER, AUDIO DECODER, METHOD FOR ENCODING AN AUDIO INFORMATION, METHOD FOR DECODING AN AUDIO INFORMATION AND COMPUTER PROGRAM USING A DETECTION OF A GROUP OF PREVIOUSLY-DECODED SPECTRAL VALUES

Non-Final OA §101
Filed
Aug 20, 2024
Priority
Oct 20, 2009 — provisional 61/253,459 +5 more
Examiner
OGUNBIYI, OLUWADAMILOL M
Art Unit
Tech Center
Assignee
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
240 granted / 311 resolved
+17.2% vs TC avg
Strong +19% interview lift
Without
With
+18.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
22 currently pending
Career history
342
Total Applications
across all art units

Statute-Specific Performance

§101
9.7%
-30.3% vs TC avg
§103
77.0%
+37.0% vs TC avg
§102
2.3%
-37.7% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 311 resolved cases

Office Action

§101
DETAILED ACTION Claims 1 – 4 are pending. Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Information Disclosure Statement The information disclosure statements (IDS) submitted on 20 August 2024, 14 February 2025, and 03 April 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner. EXAMINER’S COMMENT The claims of this application were subject to double patenting rejections over co-pending U.S. Application 18/810,383, and patented U.S. 12,080,300 B2, U.S. 11,443,752 B2, and U.S. 9,978,380 B2. The Examiner discussed with Attorney GLENN Michael on Wednesday 17 June 2026 to inform him of this. The Applicant filed a terminal disclaimer to address this 22 June 2026. The terminal disclaimer was approved also on 22 June 2026. To this, the Examiner does not provide a double patenting rejection. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1 – 4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. Independent claims 1, 2, 3 and 4 recite the limitations of the decoding of encoded audio information by providing decoded spectral values based on arithmetically encoded representations of the spectral values, providing time-domain representations using the decoded spectral values, selecting a mapping rule that maps a code value unto a symbol code based on a dependence on a context state, determining the current context state based on a dependence on a plurality of previously-decoded spectral values, detecting a group of a previously decoded adjacent spectral values that comprise a sum value of the spectral values being smaller than a predetermined threshold, either determining or modifying the current context state based the result of the detection of the group of previously decoded adjacent spectral values that meet the sum threshold, and further including the setting of current state to be within a range of values that signals the detection of a group of previously-decoded adjacent spectral values that satisfy a predetermined condition regarding their magnitudes, after the detection has been made. Nothing in the claims preclude the invention from being performed in the human mind. The entire process involves data collection through obtaining decoded spectral values, time-domain audio representations, symbol codes based on a mapping, obtaining the current context states that are set to be within a range; and data analysis for obtaining current context state, the detecting of a group of previously decoded adjacent spectral values, and the detecting of a group of previously decoded adjacent spectral values that comprise a summation of the values being smaller than a threshold value. A human may perform this technique by making a plurality of decoded spectral values available based on the presence of arithmetically encoded representation of the spectral values, making a time-domain audio representation available by using the decoded spectral values so as to acquire the decoded audio information, applying a mapping rule to perform a mapping of a code value to a symbol code dependent on the context state, calculating what the current context state would be based on the plurality of previously decoded spectral values, detecting a group of a plurality of previously decoded adjacent spectral values that when taken together, have a sum of their values less than a predetermined threshold value, determining or modifying the current context state based on a result of the detection of the group of the plurality of previously decoded adjacent spectral value, further involving the setting of the current context state to be within a range of values that indicate the detection of a group of a previously-decoded adjacent spectral values that collectively fulfil the predetermined magnitude condition, after the determination. All these tasks can be performed by a human making use of a pen and paper. The claims hereby recite a mental process. This judicial exception is not integrated into a practical application as the claims simply teach of collecting data and analysing data. Claim 2 makes mention of a non-transitory computer readable medium but this is simply provided as a tool being applied to storing the computer instructions required to perform this technique. Claims 1, 2, 3 and 4 make no mention of an applicable physical component. The invention is not tied to any particular defining structure and simply provides instructions to apply the judicial exception. The technique can be performed by a generic computer which would be presented as a tool to implement the abstract idea (classifiable as automation of the mental process steps). The Specification on page 5 lines 5 – 7 provides such a computer for running the computer programme, which can be a generic computer. This is recited at a high level of generality that it amounts to no more than mere instructions to apply the judicial exception. The claims do not provide any additional detail. The claims therefore do not include additional elements that would be sufficient to amount to significantly more than the judicial exception because the invention is not tied to a practical application. The claims provide techniques that amount to no more than mere instructions that apply the judicial exception which can be performed by a generic device. Merely mentioning a non-transitory computer readable medium amounts to no more than general-purpose hardware used as tools to implement the abstract idea and does not provide any particular application other than applying it for the purpose of implementing a judicial exception. Mere instructions to apply an exception using a generic device cannot provide an inventive concept. Claims 1, 2, 3 and 4 are not eligible. Allowable Subject Matter Claims 1– 4 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 101, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: With regard to independent claim 1, the invention states: A method for providing a decoded audio information on the basis of an encoded audio information, the method comprising: providing a plurality of decoded spectral values on the basis of an arithmetically-encoded representation of the spectral values; and providing a time-domain audio representation using the decoded spectral values, in order to acquire the decoded audio information; wherein the method comprises selecting a mapping rule describing a mapping of a code value onto a symbol code in dependence on a context state; and wherein the method comprises determining the current context state in dependence on a plurality of previously-decoded spectral values, wherein the method comprises detecting a group of a plurality of previously-decoded adjacent spectral values which comprise a sum value which is smaller than a predetermined threshold value, and modifying the current context state in dependence on a result of the detection by setting the current context state to be within a range of values which signals the detection of a group of a plurality of previously-decoded adjacent spectral values which fulfill, taken together, a predetermined condition regarding their magnitudes, in response to the detection. Closest Prior Art Choo et al. (US 2010/0324912 A1) provides teaching for an arithmetic decoder (FIG. 1B, Part 101, [0059], [0067]), an MDCT used by an arithmetic encoder that converts from time domain into frequency domain (noting that a decoder would perform the reverse of this which would be converting from frequency domain back into time domain as the opposite of the encoding [0061], an n-tuple mapping that converts a code to a symbol using a probability mapping and considering neighbourhood N-tuples’ to indicate dependence on context state ([0100] – [0102]). Kondo et al. (US 2004/0184544 A1) provides teaching for the switching to a different probability model for a current decoding state when the values or magnitudes of previously decoded units meet various threshold conditions [0107]. KIM et al. (US 2009/0110201 A1) provides teaching for an arithmetic encoder which provides the probability of outputting a symbol from a current frame being determined based on a plurality of symbols in a previous frame or a previous frequency band, and a predetermined variable on the basis of a context of frames of frequency bands ([0054], [0055], [0058]). Mehrotra et al. (US 2008/0262855 A1) provides teaching for context-based arithmetic decoding (FIG. 17, [0192] – [0197]). KIM et al. (US 2007/0171990 A1) provides teaching for an arithmetic decoding which is required by a maximum significance value and a current significance value of each frequency component of the audio signal being examined [0015]. Geiger, Ralf, et al. (“ISO/IEC MPEG-4 high-definition scalable advanced audio coding.” Journal of the Audio Engineering Society 55.1/2 (2007): 27-43) provides teaching for lossless coding of spectral data of audio that includes frequency locations of spectral data and the magnitude of adjacent spectral lines (Page 32 Col 2 Par 2). Choo et al. (US 2008/0095276 A1) provides teaching for an arithmetic decoding process that involves having all index variables obtained from a previous arithmetic decoding process [0067]. Liu (US 2008/0008395 A1) provides an arithmetic encoding scheme which encodes all coefficients with a magnitude that are less than a threshold, the context of which are decided by two previously encoded coefficients including the context for their sign bits and their magnitudes [0035]. The prior art of record taken alone or in combination however fail to teach, inter alia, a method for providing decoded audio information by decoding encoded audio information involving the detection of a group of a plurality of previously-decoded adjacent spectral values which have a sum of their spectral values being smaller than a predetermined threshold to be able to modify the current context state based on this detection, so that the current context state can be set to be within a range of values that signals the detection of a group of already decoded consecutive spectral values that satisfy a preset magnitude condition. Claim 1 would hereby be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 101. With regard to independent claim 2, this claim is presented in a similar manner to independent claim 1 above, making the Examiner apply the same closest prior art of record to it. The prior art of record taken alone or individually however fail to teach, inter alia, a method for providing decoded audio information by decoding encoded audio information involving the detection of a group of a plurality of previously-decoded adjacent spectral values which have a sum of their spectral values being smaller than a predetermined threshold to be able to determine or modify the current context state based on this detection, so that the current context state can be set to be within a range of values that signals the detection of a group of already decoded consecutive spectral values that satisfy a preset magnitude condition. Claim 2 would hereby be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 101. With regard to independent claim 3, this claim is presented in a similar manner to independent claim 1 above, making the Examiner apply the same closest prior art of record to it. The prior art of record taken alone or individually however fail to teach, inter alia, a non-transitory computer-readable medium that has computer readable instructions for providing decoded audio information by decoding encoded audio information involving the detection of a group of a plurality of previously-decoded adjacent spectral values which have a sum of their spectral values being smaller than a predetermined threshold to be able to modify the current context state based on this detection, so that the current context state can be set to be within a range of values that signals the detection of a group of already decoded consecutive spectral values that satisfy a preset magnitude condition. Claim 3 would hereby be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 101. With regard to independent claim 4, this claim is presented in a similar manner to independent claim 1 above, making the Examiner apply the same closest prior art of record to it. The prior art of record taken alone or individually however fail to teach, inter alia, a non-transitory computer-readable medium that has computer readable instructions for providing decoded audio information by decoding encoded audio information involving the detection of a group of a plurality of previously-decoded adjacent spectral values which have a sum of their spectral values being smaller than a predetermined threshold to be able to determine or modify the current context state based on this detection, so that the current context state can be set to be within a range of values that signals the detection of a group of already decoded consecutive spectral values that satisfy a preset magnitude condition. Claim 4 would hereby be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 101. Conclusion The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. See the closest prior art applied to the allowable subject matter above, as well as the references provided in PTO-892. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to OLUWADAMILOLA M. OGUNBIYI whose telephone number is (571)272-4708. The Examiner can normally be reached Monday – Thursday (8:00 AM – 5:30 PM Eastern Standard Time). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, PARAS D. SHAH can be reached at (571) 270-1650. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OLUWADAMILOLA M OGUNBIYI/Examiner, Art Unit 2653
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Prosecution Timeline

Aug 20, 2024
Application Filed
Jun 17, 2026
Examiner Interview (Telephonic)
Jul 07, 2026
Non-Final Rejection mailed — §101 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
96%
With Interview (+18.6%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 311 resolved cases by this examiner. Grant probability derived from career allowance rate.

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